Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 234/N/2025
C.R. No. 114/2025.
Nirmal Nagar Police Station.
CNR No. MHMM18-004893-2025
Rajani Prashant Bagdi … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This is application is filed by the applicant namely Rajani
Prashant Bagdi for release of gold and silver ornaments, FD of Rs.50,000/- of
Central Bank of India, cash of Rs.2200/-, Titan wrist watch etc. which are
seized by the Nirmal Nagar Police Station in connection with Crime No.
114/2025 registered with the Nirmal Nagar police station for the offence
punishable under section 85, 316(2), 115(2), 352, 351(2), 3(5) of B.N.S.
2) Say of I.O. and Ld. APP was called. I.O. has given his no objection.
Ld. APP prayed for appropriate order with terms and condition.
3) In support of her contention regarding ownership, applicant has
filed on record verified copies of purchase invoices, original certificate issued
by the Central Bank of India, coloured photographs of gold and silver
ornaments alongwith her affidavit.
4) Read the application, say and record of the case. The description
mentioned in the FIR is matching with the description mentioned in the FIR. At
this point no one else has shown better possessory title of the articles of this
muddemal. The possession at this point is only temporary and not permanent.
There is no point in keeping the valuables in custody of the police.
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5) In the matter of
Sunderbhai Ambalal Desai V/s. State of Gujrath,
AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain guidelines
as to the property which is seized by the police during the investigation, which
is to be disposed of as early as possible. As per this ratio, said muddemal is
liable to be returned to the applicant at this stage on temporary basis. The
applicant shall preserve the muddemal as it is and shall produce the same
before the court, as and when required. Under such circumstances, pass
following order :-
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property be handed over to applicant on
temporary basis, on executing indemnity bond of Rs. 4,00,000/-
(In words rupees Four Lakhs only), in the police station.
3] The applicant should undertake that she shall not transfer, pledge
or any other way alienate the said muddemal till the final disposal
of the Crime No. 114/2025 of Nirmal Nagar Police Station and
criminal case incidental there of.
4] The applicant is also directed to produce the said muddemal
property as and when ordered to do so.
5] The I.O. is directed to draw the proper panchanama and take out
two photographs of the muddemal property in order to establish
the identity for identification and evidence.
6] The applicant is also directed to produce her address proof.
7] The applicant shall produce the said muddemal as and when
required by the court.
Date : 04.11.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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